Municipal Ordinances 2016

AN ORDINANCE IMPLEMENTING PRE-EMPTIVE AND FORCED EVACUATION WHEN DISASTER OR AN EMERGENCY HAS BEEN DECLARED IN THE MUNICIPALITY OF LUPON, PROVINCE OF DAVAO ORIENTAL, AND DANGER OF LOSS OF LIVES AND PROPERTIES BECOMES IMMINENT, PROVIDING PENALTIES FOR VIOLATION THEREFOR, AND FOR OTHER PURPOSES.

Be it ordained by the Sangguniang Bayan of Lupon, Davao Oriental, that:

SECTION 1.DECLARATION OF POLICY. It is the declared policy of the Municipality of Lupon, Davao Oriental to protect the lives and properties of its residents at all times and whenever possible mitigate the effects of man-made and natural disasters within the locality.

SECTION 2. DEFINITION OF TERMS

2.1. Disaster – means the result of a natural or man-made event which causes loss of life, injury and property damage, including but not limited to natural disasters such as landslide, typhoon, flood, high winds, earthquakes and other weather related events, and man-made disasters, including but not limited to nuclear power plant incidents, hazardous material incidents, oil spills, explosion, civil disturbances, public calamity, acts of terrorism, hostile military action, and other events related thereto.

2.2. Imminent Danger – means immediate threat of harm.

2.3. Evacuation – means an operation whereby all or part of a particular population is temporarily relocated, whether individually or in an organized manner, from an area in which a disaster or emergency has been declared and is considered dangerous to the health and safety of the public.

2.4. Forced Evacuation – means an evacuation ordered as a resort when a disaster or emergency has been declared and danger of loss of life is imminent, and conditions exist that critically imperil or endanger the lives of those in a defined area.

2.5. Evacuees – people who are withdrawn from a dangerous place or circumstance and brought to a center/place for care, safety and protection.

2.6. Evacuation Center/Place – a place where evacuees are brought before, during and after calamities/disasters such as but not limited to typhoon, flood, landslides, earthquakes or fire for care, safety and protection.

2.7. Hazard – a dangerous phenomenon, substance, human activity or condition that may cause loss of life, injury or other health impacts, property damage, loss of livelihood and services, social and economic disruption, or environmental damage.

2.8. Public Official – is any person who, by direct provisions of law, popular election or appointment of competent authority, takes part in the performance of public functions in the government, duties as an employee, agent or subordinate official or any rank or class who is charged with the implementation of this ordinance.

SECTION 3.EARLY WARNING SYSTEM. A banner with specified color shall be installed in a prominent place of every barangay to serve as indicator and the use of siren as circumstances warrant:

Yellow – awareness/no sound

Orange – preparedness/voluntary evacuation/siren with interval

Red – forced evacuation/continuous siren

SECTION 4. FORCED EVACUATION. If upon the assessment or determination of the Municipal Disaster Risk Reduction and Management Council (MDRRMC), pre-emptive and forced evacuation of local residents is already necessary, said Council shall immediately recommend such fact to the Municipal Mayor.

On the basis of such recommendation, the Municipal Mayor shall immediately declare the implementation/enforcement of pre-emptive and forced evacuation which shall include but not limited to the following:

The designated area where vehicles provided by the Municipal Government are waiting to transport local residents to the identified evacuation centers;

Evacuation centers or such places where the evacuated local residents will be temporarily taken;

The necessity of the evacuated local residents to stay in the aforesaid evacuation centers until there be another issuance declaring that the imminent danger within the affected area is no longer there, if this is still possible; and

Measures ensuring the safety of local residents in the evacuation areas. However, immediately after declaration of forced evacuation but before actual implementation/enforcement thereof, the municipal government shall see to it that the local residents are informed in local dialect of the need for them to be evacuated and that there is no other alternative way to ensure their safety.

SECTION 5. EVACUATION PLAN. It shall be incumbent upon the Barangay Risk Reduction and Management Committee (BDRRMC) to prepare an Evacuation Plan in their respective localities or areas of jurisdiction prior to hazard.

Every Local Government Unit (LGU) concerned shall work out a Permanent Evacuation Center to be utilized in case of emergency/disaster.

In extreme cases, the LGU shall have the authority to negotiate with owners of buildings with strong/safe structures to be made as temporary evacuation center.

SECTION 6. ENLISTMENT OF ASSISTANCE OF OTHER GOVERNMENT AGENCIES. In declaring the implementation/enforcement of pre-emptive and forced evacuation, the Municipal Mayor may also enlist the assistance of the members of the PNP, AFP, BFP and BJMP assigned within the municipality; as well as accredited volunteers, civil society organizations and private sector groups with the capability and training in such emergency situation.

Every barangay may implement temporary evacuation plan. Public school classrooms maybe used as temporary evacuation center and duplicate key of rooms may be availed of by the Punong Barangay for accessibility.

All emergency measures adopted shall be a coordinative and collaborative effort between the municipal government and the assisting agencies.

SECTION 7. MANNER/MANAGEMENT OF FORCED EVACUATION. In the event that local residents refuse to leave their homes even after notice/order or, after evacuating, go back to their homes/affected areas without an order issued to this effect, the Municipal Government as well as the members of the mobilized units of the PNP, AFP, BFP and BJMP may use such physical force that commensurate under the circumstances, without discrimination and with conscious attention to the needs of vulnerable sectors such as children, women, the elderly and persons with disabilities, with the end view that lives are safely secured.

SECTION 8. TRAINING AND ORIENTATION ON DISASTER RISK REDUCTION AND MANAGEMENT. The Municipal Disaster Risk Reduction and Management Office (MDRRMO) shall organize and conduct trainings and orientations on the possible natural hazards, vulnerabilities and climate change risks as well as knowledge management activities on disaster risk reduction and management within the locality at least once during summer as declared by the Philippine Atmospheric Geophysical and Astronomical Services Administration (PAG-ASA).

The foregoing trainings, orientations, activities and information dissemination shall be intensified and made once a year or at the discretion of the MDRRMC.

During the aforesaid trainings and orientations, the MDRRMO shall also discuss and highlight in local dialect RA 10121, otherwise known as the Philippine Disaster Risk Reduction and Management Act of 2010; DILG MC No. 2012-35 dated February 21, 2012 regarding the Guidelines in Ensuring Public Safety During Man-Made and Natural Disasters; this Ordinance and other laws, rules and regulations and disaster risk reduction and management.

The MDRRMO shall conceptualize posters, newsletters, brochures and pamphlets regarding disaster risk reduction and management and cause the same to be posted at the conspicuous places of the Municipality and/or, if possible, disseminate through radio and TV advertisements.

SECTION 9. PENALTY CLAUSE. Any private individual/person or public official mandated to implement this Ordinance shall be subjected to a fine not exceeding Two Thousand Five Hundred (P 2,500.00) Pesos or imprisonment not exceeding six (6) months or both at the discretion of the court, without prejudice to administrative sanctions as may be imposed under existing laws, rules and regulations.

SECTION 10. SEPARABILITY CLAUSE. If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 11. REPEALING CLAUSE. All ordinances, as well as pertinent rules and regulations thereof, which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly.

SECTION 12.EFFECTIVITY. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 12th day of December 2016.

MUNICIPAL ORDINANCE NO. 2016-03

AN ORDINANCE PROHIBITING THE MANUFACTURE, SALE, DISTRIBUTION, POSSESSION OR USE OF FIRECRACKERS OR PYROTECHNIC DEVICES AND SUCH OTHER SIMILAR DEVICES, AND THE EXPLODING OF FIRECRACKERS OR OTHER SIMILAR EXPLOSIVES WITHIN THE TERRITORIAL JURISDICTION OF THE MUNICIPALITY OF LUPON, PROVINCE OF DAVAO ORIENTAL.

Be it ordained by the Sangguniang Bayan of Lupon, Davao Oriental in session assembled, that:

Section 1. Title of the Ordinance. This Ordinance shall be known as the “No Firecracker Ordinance of Lupon, Davao Oriental.”

Section 2. Declaration of Policy. Pursuant to the Constitutional principle that recognizes the protection of life and property and the promotion of the general welfare as essential for the enjoyment of the blessing of democracy, it is hereby declared the policy of the Municipality of Lupon to ensure public safety, peace, order and security through the observance of the citizenry of responsible and ethical practices.

Section 3. Scope and Application. This ordinance shall apply to all individuals, business establishments and institutions in the territorial jurisdiction of the Municipality of Lupon, Davao Oriental.

Section 4. Purpose. It is the purpose of this Ordinance to prohibit the manufacture, sale, distribution, possession and use of firecrackers or pyrotechnic devices and such other similar devices, and the exploding of firecrackers and other explosives within the territorial jurisdiction of this municipality in furtherance of public safety, peace, order and security.

Section 5. Definition of Terms. For purposes of this Ordinance, the terms hereunder shall be understood as follows:

Explosives refer to substances which are capable of rapid decomposition by releasing energy in the form of heat, light and sound, most often harmful to men, animals, properties and the environment.

Firecracker refers to a small, cylindrical firework which goes off with a sharp, cracking noise when its fuse is lit.

Minors refer to children below eighteen (18) years of age.

Pyrotechnic devices refer to substances used in making or displaying fireworks.

Section 6. Prohibited Acts.

It shall be unlawful for any individual, business establishment or institution to manufacture, sell or offer the sale, distribute, possess or use any firecracker or pyrotechnic device or such other similar devices within the territory of Lupon;

It shall likewise be unlawful for any individual, business establishment or institution to discharge or explode, or cause to discharge or to explode, any firecracker or any other explosives, or to use any pyrotechnic device or any such other similar devices at anytime and anywhere within the territory of Lupon;

It shall also be unlawful for any individual, business establishment or institution to sell or offer the sale, distribute or cause to distribute any firecracker or pyrotechnic device or such other similar devices to MINORS.

Section 7. Exemptions. Regulated fireworks and pyrotechnic display sponsored by the provincial, municipal or barangay LGUs during “araw” celebration and annual festival shall be allowed, provided that the provisions of the Fire Code of the Philippines and other relevant rules and regulations shall be strictly observed in the conduct of such activity.

Section 8. Fines and Penalties. Violation of any of the provisions of Section 6 of this Ordinance shall be fined and penalized as follows:

First Offense – a fine of Five hundred (P500.00) pesos or imprisonment of not more than one (1) month but not less than twenty (20) days, or both fine and imprisonment, at the discretion of the Court;

Second Offense – a fine of One thousand (P1,000.00) pesos or imprisonment of not more than two (2) months but not less than one (1) month, or both fine and imprisonment, at the discretion of the Court;

Third and Succeeding Offenses – a fine of One thousand five hundred (P1,500.00) pesos or imprisonment of not more than three (3) months but not less than two (2) months, or both fine and imprisonment, at the discretion of the Court.

If the violation is committed by a business establishment or institution, the owner, President or General Manager or the person acting in behalf of the President or General Manager shall be held liable.

In addition to the foregoing penalties, the business permit of the business establishment shall be cancelled by the Municipal Mayor upon the commission of the third offense.

Section 9. The Philippine National Police (PNP) at the Lupon Municipal Police Station (LMPS) is tasked with the proper and vigorous implementation of this Ordinance.

Section 10. Repealing Clause. Any ordinance, resolution or order and/or parts thereof contrary to or inconsistent with the provisions of this Ordinance is hereby repealed, modified, or amended accordingly.

Section 11. Separability Clause. If, for any reason, any portion or provision of this Ordinance is declared unconstitutional or invalid by competent authorities, the other provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 12. Effectivity. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of this municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 21st day of November 2016.

MUNICIPAL ORDINANCE NO. 2016-02

AN ORDINANCE AUTHORIZING THE PROPOSED BORROWING OF THE MUNICIPALITY OF LUPON, DAVAO ORIENTAL, TO FUND THE CONSTRUCTION OF THE MUNICIPAL HALL BUILDING IN THE AMOUNT OF ONE HUNDRED THIRTY MILLION (P 130,000,000.00) PESOS, LAND ACQUISITION IN THE AMOUNT OF SEVENTEEN MILLION EIGHT HUNDRED THIRTY-THREE THOUSAND NINE HUNDRED (P 17,833,900.00) PESOS, AND CONSTRUCTION OF THE OVERLAND TERMINAL IN THE AMOUNT OF ONE HUNDRED FIFTEEN MILLION (P 115,000,000.00) PESOS.

Be it ordained by the Sangguniang Bayan of Lupon, Davao Oriental, that:

SECTION 1. The Municipality of Lupon, represented by Honorable Erlinda D. Lim, Municipal Mayor, is hereby authorized to enter into a loan agreement with the Land Bank of the Philippines (LBP), in accordance with Section 297 of the Republic Act No. 7160, otherwise known as the Local Government Code of 1991, in the total amount of Two Hundred Sixty-two Million Eight Hundred Thirty-three Thousand Nine Hundred (P 262,833,900.00) Pesos, under the terms and conditions set forth therein, and subject to the requirements stated under Section 123 of Republic Act No. 7653, as implemented by the Bangko Sentral ng Pilipinas Circular No. 402.

SECTION 2. The Municipal Mayor shall have the authority to represent the Municipality of Lupon, by signing, executing and delivering such agreements, contracts, deeds and other related documents pertaining to the borrowing that are deemed necessary and proper for the full implementation of intended priority projects.

SECTION 3. The construction of municipal hall building, construction of the overland terminal and land acquisition referred hereto as priority projects are included in the Local Development and Investment Plan for the 2016 to 2020; and the acquisition of commercial/agricultural land is included in the Annual Investment Program for 2016.

SECTION 4. The Municipality of Lupon shall appropriate the entire proceeds of the borrowing exclusively to finance the construction of the Municipal Hall Building in the amount of One Hundred Thirty Million (P 130,000,000.00) Pesos, Land Acquisition in the amount of Seventeen Million Eight Hundred Thirty-three Thousand Nine Hundred (P 17,833,900.00) Pesos, and construction of the Overland Terminal in the amount of One Hundred Fifteen Million (P 115,000,000.00) Pesos bringing the total loan financing application of Two Hundred Sixty-two Million Eight Hundred Thirty-three Thousand Nine Hundred (P 262,833,900.00) Pesos for the three projects.

SECTION 5. All ordinances and resolutions contrary to or inconsistent with this Ordinance are hereby repealed or modified accordingly.

SECTION 6. If any part or provision of this Ordinance is declared unconstitutional or invalid, the same shall not affect the validity and effectivity of the other parts or provisions hereof.

SECTION 7. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in the bulletin board at the entrance of the municipal hall and in at least two (2) other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 3rd day of October 2016.

MUNICIPAL ORDINANCE NO. 2016-01

WHEREAS, the 1987 Constitution of the Republic of the Philippines declares that the state shall protect and promote the right to health of the people and instill health consciousness among them;

WHEREAS, the Republic of the Philippines, under the Framework Convention on Tobacco Control (FCTC) to which she is a party, is determined to give priority to the right to protect public health and to promote measures of tobacco control based on current and relevant scientific, technical and economic considerations, and has agreed to implement the measures provided in the treaty;

WHEREAS, the Local Government Code of 1991 (Republic Act No. 7160) accords every Local Government Unit power and authority to promote the general welfare within its territorial jurisdiction, including the promotion of health and safety of its constituents;

WHEREAS, the Philippine Clean Air Act of 1999 (Republic Act No. 8749) declares the right of every citizen to breathe clean air, prohibits smoking inside enclosed public places including public vehicles and other means of transport, and directs Local Government Units to implement this provision;

WHEREAS, the Tobacco Regulation Act of 2003 (Republic Act No. 9211) prohibits smoking in certain public places whether enclosed or outdoors; prohibits the purchase and sale of cigarettes and other tobacco products from and to minors and in certain places frequented by minors; imposes bans and restrictions on advertising, promotion and sponsorship activities of tobacco companies, and directs Local Government Units to implement these provisions;

WHEREAS, the Municipality of Lupon recognizes that Local Governments must act with urgency to denormalize the culture of smoking and tobacco consumption through comprehensive and proven effective tobacco control measures;

WHEREAS, the Municipality of Lupon recognizes the fundamental and irreconcilable conflict between the tobacco industry’s interests and public health policy, and realizes the need to be alert to and informed of any efforts by the tobacco industry to undermine or subvert tobacco control efforts;

WHEREAS, scientific evidence has unequivocally established that tobacco consumption and exposure to tobacco smoke cause death, disease and disability; lead to devastating health, social, economic and environmental consequences; and places burdens on families, on the poor, and on national and local health systems;

WHEREAS, an increasing number of Filipinos die each year of tobacco-related diseases such as stroke, heart disease, and various cancers, among others;

WHEREAS, scientific evidence has shown that there is no safe level of exposure to tobacco smoke; that effective measures to protect from exposure to it requires the total elimination of smoking and tobacco smoke; and that approaches other than 100% smoke-free environments, including ventilation, air filtration and the use of designated smoking areas (whether with separate ventilation systems or not) have repeatedly been shown to be ineffective;

THE NEW COMPREHENSIVE ANTI-SMOKING ORDINANCE OF LUPON, DAVAO ORIENTAL.

Be it ordained by the Sangguniang Bayan of Lupon, Davao Oriental, that:

CHAPTER I

GENERAL PROVISIONS

Section 1. Title. This Ordinance shall be known as the “Smoke Free Ordinance of the Municipality of Lupon”.

Section 2. Purpose. It is the purpose of this Ordinance to safeguard public health and ensure the well being of all its constituents by protecting them from the harmful effects of smoking and tobacco consumption.

Section 3. Coverage. It shall be unlawful for any person to smoke or allow smoking of any tobacco product, or use Electronic Device Systems, Shisha and the like, in all forms of Public Conveyances, Government-owned, enclosed or partially enclosed public places, public buildings, and public outdoor spaces, except in duly designated smoking areas as defined in Section 4 hereunder, within the territorial jurisdiction of Lupon, Davao Oriental.

Section 4. Definition of Terms. As used in this Ordinance, the terms below shall have the meanings ascribed to them in this section. Any word or term not defined shall be given their plain and customary meanings, unless the context requires otherwise, and shall be interpreted in a manner consistent with the purpose and spirit of this Ordinance.

4.1 Civil Society Organization (CSO) – refers to a legally constituted voluntary civic and social organization or institution created with no participation of government, including, but not limited to, charities, development non-governmental organizations (NGOs), community groups, women organizations, faith-based organizations, professional associations, coalitions and advocacy groups. As used in this Ordinance, CSO does not include organizations or associations related to or connected with the tobacco industry in any way.

4.2 Enclosed or Partially Enclosed – means being covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, wall or sides, and regardless of whether the structure is permanent or temporary.

4.3 Minor – refers to any person below eighteen (18) years old.

4.4 Person Incharge – refers to the owner/manager/president, in case of private establishments, and department head/head of office, in case of public buildings and public places.

4.5 Public Conveyances – refer to modes of transportation servicing the general population, such as, but not limited to, elevators, airplanes, ships, jeepneys, buses, taxicabs, trains, light rail transits, tricycles and other similar vehicles.

4.6 Public Places – mean all places, fixed or mobile, that are accessible or open to the public or places for collective use, regardless of ownership or right to access, including, but not limited to, establishments that provide food and drinks, accommodation, merchandise, professional services, entertainment or other services. It also includes outdoor spaces where facilities are available for the public or where a crowd of people would gather, such as, but not limited to, playgrounds, sports grounds or centers, church grounds, health/hospital compounds, transportation terminals, markets, parks, resorts, walkways, entrance ways, waiting areas, and the like.

4.7 Second-Hand Smoke – means the smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker.

4.8 Smoking – means being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled.

4.9 Tobacco Products – mean products entirely or partly made of the leaf of tobacco as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing, such as cigarettes and cigars.

4.10 Workplace – means any place used by people during their employment or work, whether done for compensation or voluntarily, including all attached or associated places commonly used by the workers in the course of their work (for example, corridors, elevators, stairwells, toilets, lobbies, lounges). Vehicles used in the course of work are considered workplaces.

4.11 Designated Smoking Area – refer to an outdoor space where a person is allowed to smoke without violating this Ordinance that meets the following requirements, at the minimum:

a. It shall be located in an open-space with no permanent or temporary roof or walls in an outdoor area;

b. It shall not be located within ten (10) meters of entrances, exits or any places where people pass or where people congregate;

c. It shall not have an area larger than five (5) square meters;

d. It shall not have more than one (1) designated smoking area;

e. No food and drinks shall be served in the designated smoking area;

f. Every smoking area shall have highly visible and prominently displayed “Smoking Area” sign and a graphic depiction ad corresponding explanation of the ill effects of smoking to the smoker’s health or exposure to secondhand smoke, under no circumstances shall any mark, device, word or image associated with tobacco company or product be included in any of these signs and materials;

All designated smoking areas shall be covered by certificate of compliance from the Office of the Municipal Mayor thru the Anti-Smoking Task Force;

4.12 Electronic Device System-refers to any device such as electronic nicotine device system, electronic cigarette and other similar devices, whether or not it is used to deliver nicotine to the user, that resembles the outward appearance of real smoking products;

4.13Shisha – refers to the device or instrument which may have a single or multistemmed pipe for smoking, whether or not it delivers nicotine to the user, in which the smoke is passed through a water basin before inhalation. It is also known as Waterpipe, Sheesha, Hookah, Nargeela, Argeel and Nargile;

4.14 Public Building– refers to any of the following:

a. A building structure owned by the government or owned by a private person but used, rented or occupied by the government or any of its instrumentalities;

b. Any building or structure used or controlled exclusively for public purposes by any department or branch of government, local government, local government unit or barangay without reference to the ownership of the building.

CHAPTER II

ADMINISTRATIVE PROVISIONS

Section 5. Prohibited Acts. The following acts are declared unlawful and prohibited by this Ordinance, pursuant to RA 9211:

5.1 Smoking shall be absolutely prohibited in the following public places:

a. Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels, and recreational facilities. Such recreational facilities shall include, but are not limited to, playgrounds;

b. Elevators and stairwells;

c. Locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosive or combustible materials;

d. Within the buildings and premises of public and private hospitals, medical, dental and optical clinics, health centers, nursing homes, dispensaries and laboratories;

e. Public conveyances and public facilities including seaports and ship terminals and bus stations, restaurants and conference halls;

f. Food preparation areas where food or beverage is actually being manufactured or prepared;

g. Within the building and premises of any government owned or private owned whether used, rented or occupied by the government or any of its instrumentalities;

i. Within the building and premises of any accommodation and entertainment establishments that provide food, accommodation, drinks, merchandise, entertainment or other professional services including, but not limited to restaurants, fast foods, eateries, hotels, motels, lodges, inns, boarding houses, disco houses, videoke bars, resto bars and movie houses or any other place with pleasant environment and atmosphere conducive to comfort, healthful relaxation and rest.

5.2 The sale or distribution to, as well as the purchase from, any minor of cigarettes and other tobacco products is absolutely prohibited. As such, it shall be unlawful:

a. For any retailer of tobacco products to sell or distribute tobacco products to any minor;

b. For any person to purchase cigarettes or any tobacco products from a minor;

c. For a minor to sell or buy cigarettes or any tobacco products; and

d. For a minor to smoke cigarettes or any tobacco products.

5.3 The sale or distribution of any tobacco/tobacco products within 100 meters from any point of the perimeter of public schools, or other facility frequented particularly by minors;

5.4 For any Tobacco company to post outdoor advertisement and, or any POS (point of sale establishments) wholesalers/retailers to post tobacco advertisements within its building and premises;

5.5 Persons Incharge shall be held similarly liable for the above acts if they are found to have allowed, abetted, or tolerated the same.

Post and display an 8×16 inches “This is a Non-Smoking Establishment,” “NO SMOKING” and GHW (Graphic Health Warning) signs at all entrances or any conspicuous space inside or outside the building of all POS (point of sale) wholesalers and retailers;

6.2 Prominently display “No Smoking” signs in the most visible locations in the area where smoking is prohibited (main accommodation area, function rooms, bars, cashiers, VIP rooms, comfort rooms), in order to ensure that the public can easily view such signs and be notified.

6.3 At the very least, a “NO SMOKING” sign for new establishments shall be at least 8 x 18 inches in size and the International No Smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall occupy no less than 70% of said signage. The remaining lower 30% of the signage shall show the following warning prominently:

Municipal Ordinance No. 2016-01

Maximum Penalty of: P 1,500 or 3 days imprisonment

or both at the discretion of the court

Report Violations to: ______________

6.4 Remove all ashtrays or any receptacles for dispensing cigarette refuse from accommodation and entertainment establishments, workplaces, enclosed or partially enclosed public places, public buildings and other public outdoor spaces.

6.5 Ensure that all the employees in the establishment are aware of the Ordinance and to provide a procedure of informing customers or clients of the provisions of the Ordinance.

6.6 Undertake all reasonable steps to ensure strict implementation of the Ordinance and to inform and refrain people from smoking any tobacco product or using electronic device systems, Shisha, and the like, within their establishments. The Person Incharge or his/her duly authorized representative, including the employees concerned, shall immediately inform the Anti-Smoking Task force or its duly deputized enforcers, or any law enforcer or the nearest police station of the violation and the violator/s thereof.

6.7 Establish internal procedure and measures through which this Ordinance shall be implemented and enforced within the area of which he or she is in charge, including, but not limited to, warning violators and requesting them to stop smoking, and if they refuse to comply, asking them to leave the premises, and if they still refuse to comply, reporting the incident to the Anti-Smoking Task force or its duly deputized enforcers, or any law enforcer or the nearest police station of the violation and the violator/s thereof.

6.8 Allow inspectors acting under Sections 14 and 15 hereof and representatives of the designated Civil Society Organization under Section 16 entry into the establishment during regular business hours for the purpose of inspecting its compliance with this Ordinance.

6.9 For all signage required to be posted under Section 6.1 above, provide for versions of them in the local language.

6.10 For Persons-In-Charge of Point-of-Sale establishments, post the following statement in a clear and conspicuous manner:

SALE/DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS IS UNLAWFUL

6.11 Selling of cigarettes or any tobacco product shall not be allowed inside the accommodation and entertainment establishments, and public buildings.

6.12 Owners, operators and drivers of public conveyances and government-owned and company-owned vehicles used to transport employees and guests are mandated to prominently display “NO SMOKING” sign in their units, as follows:

a. For Jeepneys and tricycles, the “NO SMOKING” sign of at least 3.5 square inches shall be placed at the back of the windshield and another sign of at least 10 square inches shall be placed at the back of the front row seats;

b. For buses, the “NO SMOKING” sign of at least 3.5 square inches shall be placed at the back of the windshield, and another sign of at least 14 square inches shall be placed at the back of the driver’s at facing the passengers or a similarly prominent area of the bus;

c. For other types of vehicles, the “NO SMOKING” sign of at least 3.5 square inches shall be placed at the back of the windshield, and another sign of at least 14 square inches shall place placed at a prominent location facing the passengers or a similarly prominent area of the vehicles.

Section 7. Persons Liable. The following persons shall be liable under this Ordinance:

a. Any person smoking any tobacco product or using electronic device systems, shisha and the like within any of the places enumerated in Section 3 and 5 hereof, except in the duly approved areas;

c. Department Head/Head of Office/Person Incharge of public offices and workplaces caught violating Sections 5 and 6 of this ordinance.

Section 8. Penalties. The following penalties shall be imposed on violators of this Ordinance:

First Offense – P200.00 or 1 day imprisonment or both at the discretion of the court;

Second Offense – P500.00 or 2 days imprisonment or both at the discretion of the court;

Third Offense – P1,500.00 or 3 days imprisonment or both at the discretion of the court.

Places mentioned in Section 3 and 5 of this Ordinance violating for the “First Time” will be placed under strict monitoring by the Business Bureau.

Third (3rd) and subsequent violations of this Ordinance shall be ground for cancellation of the establishment’s business permit.

Section 9. Citation Ticket System. Violators of this Ordinance shall be informed of their violation and the penalty associated with such violation by means of a Citation Ticket System with the following guidelines:

9.1 Official booklets of Citation Tickets shall be issued by the Health Office to duly authorized enforcers within ten (10) calendar days from the effectivity of this Ordinance.

9.2 A Citation Ticket shall be issued to the person/s liable for any violation of this Ordinance upon finding of the violation by duly authorized enforcers. A Citation Ticket shall contain the following information:

a. A checklist of the violations under this Ordinance;

b. The fines associated with each violation;

c. Due date for compliance with the obligations imposed by the ticket.

9.3 The Philippine National Police (PNP), Deputized Volunteers/Enforcers as commissioned by the Municipal Mayor and members of the Anti-Smoking Task Force shall have the power to apprehend violators of this Ordinance and issue citation tickets.

9.4 When a Citation Ticket is issued to a violator, the violator shall report to the Barangay Government where the violation was committed or Municipal Health Office in case of violations committed in Brgy. Poblacion, within 3 days after such issuance, where he/she shall be issued an order of payment under Section 8 hereof. Payment of fine shall be made at the Barangay Treasurer/Office of the Municipal Treasurer, as the case maybe.

9.5 The Health Office shall keep a duplicate of all Citation Tickets issued to violators as well as all other records of violations of this Ordinance.

Section 10. No Contest Provision. Persons liable mentioned in Section 7(A) of this Ordinance who is apprehended or cited for violation and who does not wish to contest the violation and is willing to pay voluntarily the administrative penalty imposed upon him/her prior to the filling of formal charges with the proper court shall be allowed to pay a penalty in the amount of One Hundred (P100.00) to the Barangay/Municipal Treasurer’s Office to avoid being criminally prosecuted within three (3) days from apprehension. Otherwise the case shall be prosecuted in court. The “no contest provision” can only be availed once. All proceeds from payment of the herein penalty imposed shall accrue to the LGU-Lupon Trust Fund.

Section 11. Smoking Cessation Program. The Municipal Health Officer, with the assistance of the Anti-Smoking Coordinator, Sanitary Inspector and the CSO representative designated under Section 16 hereof shall develop and promote a Smoking Cessation Program and encourage the participation therein of public and private facilities which may able to provide for its requirements. Smokers who are willing to quit and/or those found violating this Ordinance may be referred to the Smoking Cessation Program and its facilities.

CHAPTER III

ENFORCEMENT

Section 12. Smokefree Task Force. A Task Force shall be created to aid in the implementation, enforcement and monitoring of this Ordinance, as well as to conduct educational awareness campaigns, information dissemination programs, and capacity building programs that will inform the constituents and train enforcement officers.

12.1 The Task Force shall be composed of the following:

Heath Officer

Sanitary Inspector

Legal Officer/Public Attorney

Information Officer/Tourism Officer

Municipal Engineer/Building Officer

Business Permits and Licensing Officer (BPLO)

Representative of the Civil Society Organization (CSO) designated by the Health Officer under Section 17 hereof

Representative of the Philippine National Police (PNP)

12.2 The task force shall not include as a member any person or entity connected in any way to the tobacco industry.

Section 13. Duties and Responsibilities of the Task Force. Other than receiving, reviewing and processing reports of and complaints for violations of this Ordinance and Deputizing enforcers under Sections 13 to 16 hereof, the Task Force shall have the following respective duties and responsibilities:

13.1 The Municipal Health Officer (MHO) shall:

a. Assign a hotline or any other number to which violations of this Ordinance may be reported by telephone call or by SMS, and a person to operate the line and record reports;

b. Serve as the overall coordinator among all the LGU offices involved in the implementation of this Ordinance;

c. Make tobacco control, including the implementation and enforcement of this Ordinance, a part of the health program to be proposed for funding by the general budget of the Municipal Government of Lupon, Davao Oriental.

13.2 The Sanitary Inspector shall:

a. Develop and produce information, education and communication materials on the harms of second-hand smoke as well as on the provisions of this Ordinance;

b. Encourage constituents of the Municipality of Lupon to monitor and report violations of this Ordinance;

a. Assist the Health Office in reviewing reports of and complaints for violations of this Ordinance and in determining liability.

13.4 The Municipal Engineer/Building Officer shall:

a. Conduct, together with the Health Office or on its own, inspection activities as provided in this Ordinance.

13.5 The Information Officer/Tourism Officer shall:

a. Print the Citation Tickets and copies of this Ordinance for distribution to the public;

b. Make a primer summarizing the provisions of this Ordinance;

c. Publicize activities related to the implementation and enforcement of this Ordinance.

13.6 The Business Permits and Licensing Officer (BPLO) shall:

a. Recommend to the Local Chief Executive (LCE) the suspension or revocation of permits and licenses of establishments found to have violated this Ordinance, subject to the provisions of Section 8 hereof;

b. Recommend non-renewal of permits and licenses of violators of this Ordinance.

13.7 The CSO Representative shall:

a. Assist in preliminary inspections and in monitoring violations of this Ordinance;

b. Assist in promoting awareness of this Ordinance and in encouraging public support and participation in its implementation and enforcement;

c. Assist in developing and promoting a Smoking Cessation Program;

d. Assist in developing and conducting orientation seminars and training seminars for enforcers;

e. Assist in evaluating the performance of the Task Force and the effectiveness of the implementation and enforcement of this Ordinance.

13.8 The PNP Representative shall:

a. Apprehend violators in accordance with the provisions of this Ordinance;

b. Assist LGU officials and deputized civilians in apprehending violators and in filing the appropriate complaints;

c. Issue Citation Tickets to the violators.

Section 14. Enforcement on Individuals. Members of the PNP, deputized volunteers/enforcers commissioned by the Municipal Mayor and members of Anti-Smoking Task Force shall apprehend and issue Citation Tickets against persons caught smoking in places where such is prohibited. They shall forward copies of the tickets they issue the violators to the Municipal Health Office regularly, at least thrice a week.

Section 15. Enforcement on Public Conveyances. Members of the PNP, deputized volunteers/enforcers commissioned by the Municipal Mayor and members of Anti-Smoking Task Force shall inspect public conveyances during their regular hours of operation and shall issue Citation Tickets upon discovery of any violation of this Ordinance. They shall forward copies of the tickets they issue the violators to the Municipal Health Office regularly, at least thrice a week.

Section 16. Enforcement on Establishments. Ten (10) calendar days after the effectivity of this Ordinance, an inspection team composed of representatives from the Municipal Health Office, Municipal Engineering Office, and Permits and Licensing Office shall conduct inspection on establishments and buildings to determine their compliance with the provisions of this Ordinance.

Regular inspection shall thereafter be conducted at least once every month or simultaneously with other regular inspections done by the LGU, whichever is more frequent, during normal hours of operation of the establishment.

The inspection team shall issue a Citation Ticket against the establishment upon finding of non-­compliance with or of any violation of this Ordinance. A Citation Ticket may be issued for each day that the establishment is found to be non-compliant.

Re-inspection of the establishment shall be done on any day after the issuance of the Citation Ticket, but in no case more than ten (10) calendar days after such issuance. If the establishment fails to comply with the obligations stated in the Citation Ticket upon re-inspection, the inspection team shall recommend the suspension of the license to operate of the establishment, consistent with Section 8 hereof.

In the course of inspection, the inspection team may apprehend individual violators and request the assistance of the PNP in doing so.

Section 17. Civilian Participation in Enforcement. Within ten (10) calendar days from the effectivity of this Ordinance, the Health Office shall designate, with the approval of the Office of the Municipal Mayor, a Civil Society Organization (CSO) representative to discharge the duties and responsibilities enumerated in Section 13hereof.

The Task Force may deputize qualified civilians to serve as enforcers of this Ordinance.

Any person can file with the Task Force a report of or complaint for any violation of this Ordinance.

Section 18. Information Dissemination. Upon the effectivity of this Ordinance, the Municipal Health Office shall:

18.1 In coordination with the Office of the Municipal Mayor:

a. Provide at least two (2) copies of this Ordinance to the PNP station or precinct in the municipality;

b. Provide a primer on this Ordinance for every member of the PNP member in the municipality; and

c. Conduct lectures to brief members of the PNP members of the provisions of this Ordinance and of their responsibilities with respect to its enforcement.

18.2 In coordination with the Business Permits and Licensing Office:

a. Give a copy of this Ordinance and its primer to all existing establishments that are licensed to operate and open to the public, as well as to those applying for a new license to operate.

18.3 In coordination with the Information Office:

a. Give a copy of this Ordinance and its primer to all public utility vehicle operators in the municipality.

Section 19. Public Billboards, Notices in Barangays. Upon effectivity of this Ordinance, the Engineering Office shall put up billboards in conspicuous places in the municipality to notify the public of the restrictions and sanctions imposed by the ordinance. The Information Office shall also immediately issue for dissemination at the barangay level notices regarding the obligations of persons under the ordinance.

Section 20. Conduct of Orientation Seminars and Trainings. Within twenty (20) calendar days from the effectivity of this Ordinance and periodically thereafter, the Municipal Health Officer, with the assistance of the Sanitary Inspector and the CSO representative designated under Section 17 hereof, shall develop and conduct a series of orientation seminars and trainings for the enforcers of this Ordinance, at least one (1) for each group, including but not limited to, deputized enforcers like Barangay Health Workers (BHW), the Barangay Tanods, and the PNP.

CHAPTER IV

FINAL PROVISIONS

Section 21. Funding. An initial funding to defray the expenses necessary for or incidental to the implementation of this Ordinance in the amount of Fifty Thousand (P 50,000.00) Pesos shall be sourced from the LGU fund and is hereby allocated. Every year thereafter, at least Fifty Thousand (P 50,000.00) Pesos shall automatically be included in the Annual Budget of the LGU for the implementation and enforcement of this Ordinance, based on LGU plans and programs.

21.1. The above expenses include, but are not limited to:

a. Costs of printing copies of this Ordinance, the Citation Tickets, and Information, Education and Communication (IEC) materials pertaining to non-smoking and tobacco control;

b. Costs of inspection and enforcement by the Smokefree Task Force, including allowances for deputized enforcers, the amounts of which shall be set by the Office of the Municipal Mayor;

c. Institution and operating expenses of the Smoking Cessation Program and facility;

d. Other expenses associated with the implementation and enforcement of this Ordinance.

Section 22. Repealing Clause. All ordinances contrary to or inconsistent with this Ordinance are hereby repealed or modified accordingly.

Section 23. Separability Clause. If any part or provision of this Ordinance is declared unconstitutional or invalid, the same shall not affect the validity and effectivity of the other parts or provisions hereof.

Section 24. Effectivity Clause. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in the bulletin board at the entrance of the municipal hall and in at least two (2) other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 19th day of September 2016.

APPROPRIATION ORDINANCE NO. 04-2016

AN ORDINANCE AUTHORIZING SUPPLEMENTAL BUDGET NO. 03 – 2016 INVOLVING AN AMOUNT OF ONE MILLION ONE HUNDRED FIFTEEN THOUSAND (P 1,115,000.00) PESOS COVERING THE VARIOUS EXPENDITURES FOR THE OPERATION OF THE MUNICIPAL GOVERNMENT OF LUPON, DAVAO ORIENTAL.

Be it enacted in Special Session assembled:

Section 1. The Supplemental Budget No. 03 – 2016 of the Municipality of Lupon, Davao Oriental for Calendar Year 2016 in the total amount of One Million One Hundred Fifteen Thousand (P 1,115,000.00) Pesos is hereby approved.

Section 2. Sources of Funds – The sources of funds for the Supplemental Budget No. 03 – 2016 in the amount of One Million One Hundred Fifteen Thousand (P 1,115,000.00) Pesos shall be the following:

Underestimated Income – P 1,115,000.00

T O T A L – P 1,115,000.00

=============

Section 3. Uses of Funds – The amount of One Million One Hundred Fifteen Thousand (P 1,115,000.00) Pesos is hereby appropriated for the Supplemental Budget No. 03 – 2016 of the Municipality of Lupon, Davao Oriental, to wit:

Proposed New Appropriations Language – General Fund Proper

For the various expenditures intended for the operation of the Municipal Government of Lupon, Davao Oriental, in the amount of One Million One Hundred Fifteen Thousand (P 1,115,000.00) Pesos.

Municipal Mayor’s Office (1011)

Personal Services 100

Productivity Enhancement Incentive (PEI) 5-01-02-080 P 1,005,000.00

Total Personal Services P 1,005,000.00

Total Appropriation, Mayor’s Office P 1,005,000.00

Municipal Vice Mayor’s Office (1016)

Personal Services 100

Productivity Enhancement Incentive (PEI) 5-01-02-080 P 20,000.00

Total Personal Services P 20,000.00

Total Appropriation, Mun. Vice Mayor’s Office P 20,000.00

Sangguniang Bayan Office (1021)

Personal Services 100

Productivity Enhancement Incentive (PEI) 5-01-02-080 P 50,000.00

Total Personal Services P 50,000.00

Total Appropriation, Sangguniang Bayan Office P 50,000.00

SB Secretary’s Office (1022)

Personal Services 100

Productivity Enhancement Incentive (PEI) 5-01-02-080 P 40,000.00

Total Personal Services P 40,000.00

Total Appropriation, SB Secretary’s Office P 40,000.00

TOTAL APPROPRIATIONS – GENERAL FUND P 1,115,000.00

============

STATEMENT OF FUND OPERATION

INCOME

Underestimated Income – P 1,115,000.00

TOTAL INCOME AVAILABLE FOR APPROPRIATION – P 1,115,000.00

LESS: TOTAL APPROPRIATION GENERAL FUND PROGRAM 1,115,000.00

UNAPPROPRIATED BALANCE P 0.00

============

Section 4. Separability Clause – If, for any reason, any section or provision of this Ordinance is declared invalid or unconstitutional, other sections or provisions thereof which are not affected thereby shall continue to be in full force and effect.

Section 5. Effectivity – The provisions of this Ordinance shall take effect upon approval.

ENACTED this 30th day of December 2016 at the Sangguniang Bayan Session Hall, Lupon, Davao Oriental.

APPROPRIATION ORDINANCE NO. 03-2016

AN ORDINANCE AUTHORIZING SUPPLEMENTAL BUDGET NO. 02 – 2016 INVOLVING AN AMOUNT OF TWO MILLION SIX HUNDRED THIRTEEN THOUSAND FIVE HUNDRED THIRTY-TWO (P 2,613,532.00) PESOS COVERING THE VARIOUS EXPENDITURES FOR THE OPERATION OF THE MUNICIPAL GOVERNMENT OF LUPON, DAVAO ORIENTAL.

Be it enacted in Regular Session assembled:

Section 1. The Supplemental Budget No. 02 – 2016 of the Municipality of Lupon, Davao Oriental for Calendar Year 2016 in the total amount of Two Million Six Hundred Thirteen Thousand Five Hundred Thirty-Two (P 2,613,532.00) Pesos is hereby approved.

Section 2. Sources of Funds – The sources of funds for the Supplemental Budget No. 02 – 2016 in the amount of Two Million Six Hundred Thirteen Thousand Five Hundred Thirty-Two (P 2,613,532.00) Pesos shall be the following:

Underestimated Income – P 2,200,000.00

Unappropriated Balance (Reprogrammed

in Personal Services) – 280,000.00

Unappropriated Balance (Reprogrammed

In Capital Outlay) – _ 133,532.00

T O T A L – P 2,613,532.00

Section 3. Uses of Funds – The amount of Two Million Six Hundred Thirteen Thousand Five Hundred Thirty-Two (P 2,613,532.00) Pesos is hereby appropriated for the Supplemental Budget No. 02 – 2016 of the Municipality of Lupon, Davao Oriental, to wit:

Proposed New Appropriations Language – General Fund Proper

For the various expenditures intended for the operation of the Municipal Government of Lupon, Davao Oriental, in the amount of Two Million Six Hundred Thirteen Thousand Five Hundred Thirty-Two (P 2,613,532.00) Pesos.

Municipal Mayor’s Office (1011)

MOOE 200

Training Expenses 753 P 642,500.00

General Services 795 1,050,000.00

Other Maint. & Operating Expenses 969 464,782.00

Total MOOE P2,157,282.00

Total Appropriation, Mayor’s Office P2,157,282.00

Municipal Vice Mayor’s Office (1016)

MOOE 200

Training Expenses 753 P 25,000.00

General Services 795 117,000.00

Total MOOE P 142,000.00

Total Appropriation, Mun. Vice Mayor’s Office P 142,000.00

Sangguniang Bayan Office (1021)

MOOE 200

Training Expenses 753 P 50,000.00

General Services 795 52,000.00

Total MOOE P 102,000.00

Total Appropriation, Sangguniang Bayan Office P 102,000.00

SB Secretary’s Office (1022)

Training Expenses 753 P 15,000.00

Total MOOE P 15,000.00

Total Appropriation, SB Secretary’s Office P 15,000.00

Sports Development/Physical Fitness (3392-200)

Sports Development Program 3392-203

Other Maint. & Operating Expenses 969 P 197,250.00

Total Sports Development Program P 197,250.00

Total Appropriation, Sports Development/

Physical Fitness P 197,250.00

TOTAL APPROPRIATIONS – GENERAL FUND P 2,613,532.00

STATEMENT OF FUND OPERATION

INCOME

Underestimated Income – P 2,200,000.00

Unappropriated Balance (Reprogrammed

in Personal Services) – 280,000.00

Unappropriated Balance (Reprogrammed

In Capital Outlay) – _ 133,532.00

TOTAL INCOME AVAILABLE FOR APPROPRIATION – P2,613,532.00

LESS: TOTAL APPROPRIATION GENERAL FUND PROGRAM 2,613,532.00

UNAPPROPRIATED BALANCE P 0.00

============

Section 4. Separability Clause – If, for any reason, any section or provision of this Ordinance is declared invalid or unconstitutional, other sections or provisions thereof which are not affected thereby shall continue to be in full force and effect.

Section 5. Effectivity – The provisions of this Ordinance shall take effect upon approval.

ENACTED this 12th day of December 2016 at the Sangguniang Bayan Session Hall, Lupon, Davao Oriental.

APPROPRIATION ORDINANCE NO. 02-2016

AN ORDINANCE APPROPRIATING THE AMOUNT OF TWO HUNDRED SIXTY-EIGHT MILLION FOUR HUNDRED FIFTY-SEVEN THOUSAND TWO HUNDRED NINETY-THREE (P 268,457,293.00) PESOS ONLY FROM THE GENERAL FUND COVERING THE VARIOUS EXPENDITURES FOR THE OPERATION OF THE MUNICIPAL GOVERNMENT OF LUPON, PROVINCE OF DAVAO ORIENTAL FROM JANUARY 1 TO DECEMBER 31, 2017, AND FOR OTHER PURPOSES.

Section 1. The Annual Budget of the Municipality of Lupon for Calendar Year 2017 in the total amount of Two Hundred Sixty-eight Million Four Hundred Fifty-seven Thousand Two Hundred Ninety-three (P 268,457,293.00) Pesos only covering the various expenditures for the operation of the Municipality of Lupon, Province of Davao Oriental is hereby approved.

Section 2. Source of Funds

Section 3. Use of Funds

Section 4. Economic Enterprise

SPECIAL PROVISIONS

Section 5. AID TO COMPONENT BARANGAYS

There is hereby appropriated Aid to Component Barangays of this municipality at One Thousand (P1,000.00) Pesos per barangay.

The funds herein appropriated shall be used to augment the income of component barangays and to comply with the provisions of Section 342 (c) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and shall be administered by the Office of the Municipal Mayor. No amount shall be released and disbursed from this fund without the prior approval of the Municipal Mayor.

There is hereby appropriated an amount of Thirteen Million Four Hundred Twenty-two Thousand Eight Hundred Sixty-four Pesos & 65/100 (P 13,422,864.65) which is equivalent to five percent (5%) of the total estimated revenue from regular sources to support disaster risk management activities such as, but not limited to, pre-disaster preparedness programs including training, purchasing life-saving rescue equipments, supplies and medicines for post-disaster activities, and for the payment of premiums on calamity insurance, pursuant to Section 324 (d) of RA 7160, otherwise known as the Local Government Code of 1991, and RA 10121, otherwise known as the Philippine Disaster Risk Reduction and Management Act of 2010.

Of the amount appropriated for LDRRMF, thirty percent (30%) or Four Million Twenty-six Thousand Eight Hundred Fifty-nine Pesos & 40/100 (P 4,026,859.40) shall be allocated as Quick Response Fund (QRF) or stand-by fund for relief and recovery programs in order that situation and living conditions of people in communities or areas stricken by disaster, calamities, epidemics, or complex emergencies, may be normalized as quickly as possible.

Section 7. MISCELLANEOUS PERSONNEL BENEFIT FUND (MPBF)

There is hereby appropriated an amount of Seven Million Four Hundred Ninety-eight Thousand Four Hundred Fifty-five Pesos & 02/100 (P 7,498,455.02) for payment of Terminal Leave of the officials and employees due to their retirement and/or separation from service.

The amount appropriated herein shall be used solely for the payment of Terminal Leave of the officials and employees due to their retirement and/or separation from service. The release of this fund shall be subject to the implementing guidelines to be issued by the Department of Budget and Management.

This fund shall be administered by the Office of the Municipal Mayor. No amount shall be released and disbursed from this fund without the prior approval of the Municipal Mayor.

Section 8. DISCRETIONARY FUND

There is hereby appropriated for discretionary purposes an amount of Forty-nine Thousand Nine Hundred Eighty-two Pesos & 73/100 (P 49,982.73) such amount does not exceeding two percent (2%) of the actual receipts derived from basic real property tax in the next preceding calendar year.

The amount appropriated herein shall be used solely for the discretionary expenses of the Municipal Mayor which shall be disbursed solely for public purpose.

GENERAL PROVISIONS

AUTHORIZED EXPENDITURES

Section 9. USE OF APPROPRIATED FUNDS. All sums set aside in this ordinance shall be spent solely for the specific purpose for which they have been appropriated. No ordinance shall be passed authorizing any transfer of appropriations from one item to another.

Section 10. RESTRICTION ON THE USE OF GOVERNMENT FUNDS. No government funds shall be utilized for the following:

10.1 To provide fuel, parts, repair and maintenance to any government vehicle which is not permanently marked “For Official Only” with the name and logo of the municipality, nor otherwise properly identified as a government vehicle and does not carry its official government plate number. Provided, that in case of transport crisis such as those occasioned by street demonstrations, welgang bayan, floods, typhoons and other emergencies, all government vehicles of any type whether luxury cars or utility vehicles, shall be made available to meet the emergency and be utilized to transport for free the commuters on a round-the-clock basis;

10.2 To pay honoraria, allowance or other forms of compensation to any government official or employee, except those specifically authorized by law; and

10.3 To be invested in non-government securities, money market placements and similar investments or deposited in private banking institutions.

Section 11. EXPENDITURE COMPONENTS. Except by an act of the Sangguniang Bayan, no change or modification shall be made in the expenditure items authorized in this Appropriation Ordinance (AO) unless in cases of augmentation from savings in appropriations as authorized under Section 336 of the Local Government Code of 1991 and Article 454(b) of the Rules and Regulations Implementing the Local Government Code of 1991.

Section 12. USE OF SAVINGS. The Local Chief Executive and/or the Presiding Officer of the Sangguniang Bayan, pursuant to Section 336 of the Local Government Code of 1991 and Article 454(b) of the Rules and Regulations Implementing the Local Government Code of 1991, is/are authorized by this ordinance to augment any item in this annual budget for their respective offices from savings in other items within the same expense class of their respective appropriations.

Section 13. MEANING OF SAVINGS AND AUGMENTATION. For the purpose of this ordinance, “savings” shall refer to balances of any programmed appropriation free of any obligation or encumbrance, still available after satisfactory completion or unavoidable discontinuity of the work, activity or purpose for which the appropriation is authorized, or arising from unpaid compensation and related costs pertaining to vacant positions and leaves of absence without pay.

On the other hand, “augmentation” implies the existence in the budget of an item, project, activity or purpose with an appropriation which, upon implementation or subsequent evaluation of needed resources, is determined to be deficient.

Section 14. REPRESENTATION ALLOWANCE AND TRANSPORTATION ALLOWANCE (RATA). The following officials are granted monthly commutable representation and transportation allowance payable from the program and appropriations provided in their respective offices, not exceeding the rates indicated below, which shall apply to each type of allowances:

Municipal Mayor – P16,200.00

Municipal Vice Mayor – 15,300.00

Sangguniang Bayan Member – 13,500.00

Department Head – 13,500.00

Asst. Department Head – 9,000.00

The transportation allowance herein authorized shall not be granted to officials who are assigned a government vehicle or who use government motor transportation. Unless otherwise provided by law, no amount appropriated in this AO shall be used to pay for representation or transportation allowance whether commutable or reimbursable, which exceed the rates authorized under this section.

Section 15. CLOTHING ALLOWANCE. The appropriation herein provided for every department or office maybe used for clothing allowance of employees at not more than five thousand (P 5,000.00) pesos each per annum which may be given in kind, subject to the discretion of the Local Chief Executive.

Section 16. ENTITLEMENT OF PERSONNEL ECONOMIC RELIEF ALLOWANCE (PERA). The PERA in the amount of two thousand (P2,000.00) pesos per month shall be granted to all appointive and elective local government employees and officials, and two thousand (P2,000.00) pesos to all devolved national government personnel occupying itemized plantilla positions with salary grade 23 or below, to casual and contractual employees of equivalent grade who have rendered at least twelve (12) months continuous or uninterrupted service.

ADMINISTRATIVE EXPENDITURES

Section 17. WORK AND FINANCIAL PLAN. All departments and offices shall submit their Quarterly Work and Financial Plan and request for allotment to the Municipal Budget Office in accordance with this AO as basis for the issuance of Allotment Release Order (ARO).

Section 18. LOCAL BUDGET MATRIX (LBM). Expenditures as authorized in this ordinance shall not be disbursed without the covering Local Budget Matrix and Allotment Release Order for specific purposes prepared by the Municipal Budget Office and approved by the Municipal Mayor.

Section 19. BUDGET EXECUTION. Execution of the budget shall be the responsibility of the Municipal Mayor and Vice Mayor pertaining to and under their respective offices and shall comply with the Local Government Code of 1991 and related issuances.

Section 20. VETOED ITEMS. Any item or items of expenditures vetoed by the Municipal Mayor shall not affect those which are not otherwise vetoed and shall remain in effect unless amended by this Body.

Section 21. GENERAL LIABILITY FOR UNLAWFUL EXPENDITURES. Expenditures of funds or use of property in violation of this AO shall be a personal liability of the official or employee responsible therefore.

Section 22. SEPARABILITY CLAUSE. If, for any reason, any section or provision of this ordinance is declared unconstitutional or invalid, other sections or provisions hereof which are not affected shall continue to be in full force and effect.

Section 23. EFFECTIVITY. This ordinance shall take effect on January 1, 2017.

Carried and Approved.

Enacted and passed this 21st day of November 2016.

APPROPRIATION ORDINANCE NO. 01-2016

AN ORDINANCE REVERTING THE AMOUNT OF FOUR MILLION FOUR HUNDRED FIFTY THOUSAND (P 4,450,000.00) PESOS FROM MISCELLANEOUS PERSONNEL BENEFIT FUND (MPBF) TO UNAPPROPRIATED BALANCE; AND AUTHORIZING SUPPLEMENTAL BUDGET NO. 01 – 2016 INVOLVING AN AMOUNT OF SEVEN MILLION NINETEEN THOUSAND TWO HUNDRED SEVENTEEN PESOS & 88/100 (P 7,019,217.88) COVERING THE VARIOUS EXPENDITURES FOR THE OPERATION OF THE MUNICIPAL GOVERNMENT OF LUPON, DAVAO ORIENTAL.

Be it enacted in Regular Session assembled:

Section 1. The total amount of Four Million Four Hundred Fifty Thousand (P4,450,000.00) Pesos is hereby reverted from Miscellaneous Personnel Benefit Fund (MPBF) to Unappropriated Balance; and the Supplemental Budget No. 01-2016 involving an amount of Seven Million Nineteen Thousand Two Hundred Seventeen Pesos & 88/100 (P 7,019,217.88) is hereby approved.

Section 2. Sources of Funds – The sources of funds for the Supplemental Budget No. 01 – 2016 in the amount of Seven Million Nineteen Thousand Two Hundred Seventeen Pesos & 88/100 (P 7,019,217.88) shall be the following:

For the various expenditures for the operation of the Municipal Government of Lupon, Davao Oriental, in the amount of Seven Million Nineteen Thousand Two Hundred Seventeen Pesos & 88/100 (P 7,019,217.88).

Municipal Mayor’s Office (1011)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

136,006.40

Salaries & Wages – Casual (Differential)

705

10,320.00

Salaries & Wages – Emergency

707

20,000.00

Year End Bonus

725

28,661.00

PEI/14th Month Bonus

725-1

28,661.00

Life & Retirement Insurance

731

44,707.00

Pag-ibig Fund

732

10,316.00

Total Personal Services

P

278,671.40

Maintenance & Other Operating Expenses

200

Supplies Office

755

P

300,000.00

General Services

795

500,000.00

Donation

878

500,000.00

Other Maintenance & Operating Expenses

969

74,702.00

Total MOOE

P

1,374,702.00

Total Appropriation, Municipal Mayor’s Office

P

1,653,373.40

Municipal Vice Mayor’s Office (1016)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

63,483.80

Salaries & Wages – Emergency

707

10,000.00

Year End Bonus

725

8,670.00

PEI/14th Month Bonus

725-1

8,670.00

Life & Retirement Insurance

731

13,525.00

Pag-ibig Fund

732

3,121.00

Total Personal Services

P

107,469.80

Maintenance & Other Operating Expenses

200

Donation

878

P

500,000.00

Total MOOE

P

500,000.00

Total Appropriation, Mun. Vice Mayor’s Office

P

607,469.80

Sangguniang Bayan Office (1021)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

577,188.00

Salaries & Wages – Emergency

707

10,000.00

Year End Bonus

725

67,914.00

PEI/14th Month Bonus

725-1

67,914.00

Life & Retirement Insurance

731

105,946.00

Pag-ibig Fund

732

24,449.00

Total Personal Services

P

853,411.00

Maintenance & Other Operating Expenses

200

Traveling Expenses

751

P

180,000.00

Donation

878

180,000.00

Total MOOE

P

360,000.00

Total Appropriation, Sangguniang Bayan Office

P

1,213,411.00

SB Secretary’s Office (1022)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

46,172.40

Salaries & Wages – Emergency

707

10,000.00

Year End Bonus

725

9,585.00

PEI/14th Month Bonus

725-1

9,585.00

Life & Retirement Insurance

731

14,952.00

Pag-ibig Fund

732

3,451.00

Total Personal Services

P

93,745.40

Total Appropriation, SB Secretary’s Office

P

93,745.40

General Services Office (1061)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

52,033.30

Salaries & Wages – Casual (Differential)

705

5,160.00

Salaries & Wages – Emergency

707

10,000.00

Year End Bonus

725

9,003.00

PEI/14th Month Bonus

725-1

9,003.00

Life & Retirement Insurance

731

14,044.00

Pag-ibig Fund

732

3,241.00

Total Personal Services

P

102,484.30

Total Appropriation, General Services Office

P

102,484.30

Municipal Budget Office (1071)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

22,686.60

Salaries & Wages – Casual (Differential)

705

5,160.00

Salaries & Wages – Emergency

707

10,000.00

Year End Bonus

725

9,461.00

PEI/14th Month Bonus

725-1

9,461.00

Life & Retirement Insurance

731

14,759.00

Pag-ibig Fund

732

3,406.00

Total Personal Services

P

74,933.60

Total Appropriation, Municipal Budget Office

P

74,933.60

Municipal Accounting Office (1081)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

62,664.40

Salaries & Wages – Casual (Differential)

705

5,160.00

Salaries & Wages – Emergency

707

10,000.00

Year End Bonus

725

14,215.00

PEI/14th Month Bonus

725-1

14,215.00

Life & Retirement Insurance

731

22,176.00

Pag-ibig Fund

732

5,118.00

Total Personal Services

P

133,548.40

Total Appropriation, Municipal Accounting Office

P

133,548.40

Municipal Treasurer’s Office (1091)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

84,729.80

Salaries & Wages – Casual (Differential)

705

5,160.00

Salaries & Wages – Emergency

707

10,000.00

Year End Bonus

725

22,014.00

PEI/14th Month Bonus

725-1

22,014.00

Life & Retirement Insurance

731

34,341.00

Pag-ibig Fund

732

7,923.00

Total Personal Services

P

186,181.80

Total Appropriation, Municipal Treasurer’s Office

P

186,181.80

Municipal Assessor’s Office (1101)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

52,957.40

Salaries & Wages – Casual (Differential)

705

5,160.00

Salaries & Wages – Emergency

707

10,000.00

Year End Bonus

725

9,608.00

PEI/14th Month Bonus

725-1

9,608.00

Life & Retirement Insurance

731

14,988.00

Pag-ibig Fund

732

3,460.00

Total Personal Services

P

105,781.40

Total Appropriation, Municipal Assessor’s Office

P

105,781.40

Municipal Health Office (4411)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

29,290.00

Salaries & Wages – Casual (Differential)

705

72,240.00

Salaries & Wages – Emergency

707

10,000.00

Year End Bonus

725

36,093.00

PEI/14th Month Bonus

725-1

36,093.00

Life & Retirement Insurance

731

56,305.00

Pag-ibig Fund

732

12,993.00

Total Personal Services

P

253,014.00

Total Appropriation, Municipal Health Office

P

253,014.00

Municipal Social Welfare & Development Office (7611)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

22,907.50

Salaries & Wages – Casual (Differential)

705

5,160.00

Salaries & Wages – Emergency

707

10,000.00

Year End Bonus

725

30,953.00

PEI/14th Month Bonus

725-1

30,953.00

Life & Retirement Insurance

731

48,285.00

Pag-ibig Fund

732

11,140.00

Total Personal Services

P

159,398.50

Total Appropriation, MSWD Office

P

159,398.50

Municipal Engineering Office (8751)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

46,365.80

Salaries & Wages – Casual (Differential)

705

5,160.00

Salaries & Wages – Emergency

707

10,000.00

Year End Bonus

725

19,446.00

PEI/14th Month Bonus

725-1

19,446.00

Life & Retirement Insurance

731

30,334.00

Pag-ibig Fund

732

7,001.00

Total Personal Services

P

137,752.80

Total Appropriation, Mun. Engineering Office

P

137,752.80

MDRRMC Office (9990)

Personal Services

100

Salaries & Wages – Regular (Differential)

701

P

1,590.00

Salaries & Wages – Casual (Differential)

705

10,320.00

Salaries & Wages – Emergency

707

10,000.00

Year End Bonus

725

3,611.00

PEI/14th Month Bonus

725-1

3,611.00

Life & Retirement Insurance

731

5,634.00

Pag-ibig Fund

732

1,297.00

Total Personal Services

P

36,063.00

Total Appropriation, MDRRMC Office

P

36,063.00

PEACE AND ORDER (1182)

Crime Prevention Program

201

Other Maintenance & Operating Expenses

969

P

400,000.00

Sub-Total

P

400,000.00

Anti-Insurgency Contingency Program

206

Other Maintenance & Operating Expenses

969

P

362,060.48

Sub-Total

P

362,060.48

Total Appropriation, Peace and Order

P

762,060.48

MISC. OTHER SOCIAL SERVICES (7999)

Aid to Individual in Crisis Situation

201

Donation

878

P

500,000.00

Sub-Total

P

500,000.00

Food for Work Program

205

Other Maintenance & Operating Expenses

969

P

100,000.00

Sub-Total

P

100,000.00

Project Pagmamahal

215

Donation

878

P

200,000.00

Sub-Total

P

200,000.00

Mun. Tourism Development Program

219

Other Maintenance & Operating Expenses

969

P

500,000.00

Sub-Total

P

500,000.00

Mun. Nutrition Program

220

Other Maintenance & Operating Expenses

969

P

200,000.00

Sub-Total

P

200,000.00

Total Appropriation, Misc. Other Social Services

P

1,500,000.00

Total Appropriations – General Fund

P

7,019,217.88

STATEMENT OF FUND OPERATION

INCOME

Unappropriated Balance (Annual Budget-CY 2016)

P

34,515.80

Unappropriated Balance (Reversion from MPBF)

4,450,000.00

Surplus for CY 2015

2,534,702.08

TOTAL AVAILABLE FOR APPROPRIATION

P

7,019,217.88

LESS: TOTAL APPROPRIATION GENERAL FUND PROGRAM

7,019,217.88

UNAPPROPRIATED BALANCE

P

0.00

=

=============

Section 4. Separability Clause – If, for any reason, any section or provision of this Ordinance is declared invalid or unconstitutional, other sections or provisions thereof which are not affected thereby shall continue to be in full force and effect.

Section 5. Effectivity – The provisions of this Ordinance shall take effect upon approval.

ENACTED this 5th day of August 2016 at the Sangguniang Bayan Session Hall, Lupon, Davao Oriental.